Hot Issues of Civil Code Compilation in 2020: Escorting a Better Life

The civil code reading guide is known as an encyclopedia of social life and a true portrayal of a country's economic and social development. Since the Fourth Plenary Session of the 18th CPC Central Committee put forward the requirement of compiling the civil code, the compilation of the first civil code in the history of new China has touched everyone's heart, developed in inheritance and innovated in the whole. Today, let's take a look at the hot issue in the compilation of the civil code in 2020: escorting a better life.

People-oriented, improve the legal system;

"The compilation of the Civil Code closely focuses on the establishment, realization, protection and relief of citizens' basic rights, enriching and perfecting Socialism with Chinese characteristics's civil legal system, and embodying the people-centered development thought everywhere." Wang Junfeng, president of all china lawyers association, said.

Wang Junfeng believes that each draft civil code has put forward targeted suggestions on improving the provisions on property expropriation, contract-related rights and obligations, property service enterprise responsibilities, owners' obligations, tort liabilities and so on in case of emergency from the perspective of effectively protecting people's civil rights and maintaining harmony and stability of social relations. And legalize civil rights and concretize legal rights. On the basis of summing up the previous legislative experience, there are many new breakthroughs and highlights.

Taking the incident of falling objects from high altitude as an example, the draft tort liability law clarifies the division of responsibilities of all parties. If it is difficult to determine the specific infringer after investigation, the user of the building who may cause harm shall be compensated. At the same time, it also stipulates that building managers should fulfill their security obligations and tort liability for failing to fulfill their security obligations. "This is conducive to fully protecting the legitimate rights and interests of the infringed, guiding citizens to consciously improve social morality and legal awareness, and mobilizing all forces to participate in social governance." Wang Junfeng said.

The civil code has a separate chapter on personality rights, which highlights the protection of important rights such as human health rights, reputation rights and privacy rights. Wang Junfeng believes that this is a major innovation of the Civil Code, which reflects the state's emphasis on strengthening the protection of personality rights, highlights the people-oriented value concept, and conforms to the voice of the people in the new era. The third draft of the draft of personality right defines "privacy" as "private space, private activities and private information that natural people don't want others to know", which expands the scope of privacy protection; Incorporating "e-mail address" and "whereabouts information" with the same function of identifying specific natural persons into the scope of personal information makes the protection of personal information more comprehensive, rigorous and subtle.

With the development of society, people's concept of marriage is also changing, and marriage and family disputes are gradually increasing. The draft civil code of marriage and family stipulates the cooling-off period system of divorce. "The establishment of the cooling-off period system for divorce is conducive to saving the marriage of the parties as much as possible, avoiding the hasty divorce of the parties due to impulse, strengthening the family responsibilities of the parties, and maintaining and promoting the stability of marriage and family relations." Wang Junfeng said that the draft civil code bears the people's expectations and embodies the dreams of several generations of jurists, and will be submitted to the Third Session of the 13th National People's Congress for deliberation, which will surely provide a solid guarantee for governing the country according to law and better meeting the people's growing needs for a better life.

Gather wisdom and be highly recognized by all parties:

Compiling the Civil Code is an important legislative task established by the Fourth Plenary Session of the 18th CPC Central Committee. According to the work arrangement, the compilation of the civil code adopts a "two-step" approach, that is, first formulate the general rules of the civil code, then compile the various parts of the civil code, and finally form a unified civil code. In the face of this "encyclopedia of social life", how is the legislature "meticulously crafted"?

"The legislative process of the Civil Code is a vivid practice of scientific legislation, democratic legislation and legal legislation in Socialism with Chinese characteristics." Huang Wei, director of the Civil Law Office of the Law Commission of the National People's Congress Standing Committee (NPCSC), said that since the compilation of the Civil Code began on 20 15, under the unified leadership of the CPC Central Committee and according to the specific deployment of the National People's Congress Standing Committee (NPCSC), the legislature has seriously carried out research, conducted extensive and in-depth research, listened to opinions and suggestions in various forms, and constantly improved the draft.

"Brainstorming" is an obvious feature of civil code compilation. For example, Huang Wei said that in the process of drafting the Compilation of Marriage and Family, in view of the legal age of marriage, which is widely concerned by the society, in addition to carefully studying opinions and suggestions from all sides, in order to further improve the scientific and accurate legislative decision-making, the legislature also entrusted the Social Situation and Public Opinion Survey Center of the National Bureau of Statistics to conduct a special survey on the age of citizens' intention to marry.

In fact, after the National People's Congress Standing Committee (NPCSC) deliberated the relevant draft, the legislature published the full text of the draft on the website of China People's Congress for public comments. According to preliminary statistics, since the draft of each division of the Civil Code was submitted to the Standing Committee for deliberation in August 2008+2065438, the the National People's Congress Standing Committee (NPCSC) Law Commission has published each division and draft of the Civil Code seven times, and received opinions and suggestions from 4 10349 people and 95 1607 articles. In view of the problems involved in these opinions and suggestions, the legislature has carefully studied them and reflected them in the process of revising the draft.

Legislation should be realistic and conform to social reality. According to Huang Wei, the legislature has visited local governments for many times to conduct legislative research and listen to local opinions and suggestions on the draft law. In the process of drafting the general principles of civil law and compiling various parts of the civil code, I went to various places to carry out legislative research, held symposiums, went deep into the grassroots front lines such as communities, neighborhood committees, enterprises and universities, listened to opinions and suggestions, and earnestly absorbed them. At the same time, in accordance with the unified arrangements of the CPC Central Committee, a coordination group for the compilation of the Civil Code led by the the National People's Congress Standing Committee (NPCSC) Municipal Political and Legal Committee and attended by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Justice, China Academy of Social Sciences and china law society was established, and special meetings were held regularly.

"In the process of compiling the tort liability of the Civil Code, how to improve the relevant rules of falling objects from high altitude has aroused great concern from all walks of life." Huang Wei said that in view of the frequent incidents of falling objects from high altitude, which seriously violated the safety of people's lives and property, the legislature carefully studied the relevant foreign legislative provisions on the basis of the provisions of the original Tort Liability Law, held a symposium attended by relevant departments, experts and scholars, property service enterprises, owners' representatives and other parties, and went to relevant places to conduct special investigations. Finally, the relevant provisions of the draft have been improved and highly recognized by all parties.

Compiling codes to fill legislative gaps;

Wang Liming, president of china law society Civil Law Research Association, said that it is the dream of several generations of civil law scholars to formulate China's own civil code. Now, this dream will come true-the upcoming Third Session of the 13th National People's Congress will review the draft civil code.

"This is a milestone in the legislative history of New China." Wang Liming said that the Civil Code is the first law named after the Code after the founding of New China, and it is a basic civil legal norm. The draft civil code is divided into seven parts: general rules, property rights, contracts, personality rights, marriage and family, inheritance and tort liability. It is based on the practice of China and draws lessons from the legislative experience of other countries, which embodies the proper level of civil legislation in China.

According to Wang Liming, China's legislature has initiated the work of formulating the civil code for many times, but due to the constraints of economic and social development at that time, it adopted the strategy of "retail first and then wholesale", that is, first formulate separate civil laws such as property law, contract law and tort liability law, and then compile the civil code on this basis. However, the compilation of the Civil Code is not a simple "compilation of laws", but a scientific, reasonable, logical and internally consistent system, so as to integrate all the contents of the existing single civil law and fill the legislative gaps in some fields.

"Compilation helps to solve the problem of incomplete, unsystematic and uncoordinated single-line law and solve the legal conflict of paying attention to one thing and losing the other." Wang Liming said that the compilation of the Civil Code will provide comprehensive, authoritative and systematic adjudication rules for the judicial organs; For the public, it will guide and regulate various civil behaviors.

"The establishment of a separate personality right compilation in the draft civil code is a highlight of the compilation of our national code. Adapt to the needs of the Internet and the era of big data for the protection of personality rights, and respond to various challenges faced by the current protection of personality rights. It has China characteristics and China wisdom. " Wang Liming, for example, said that the draft civil code established a prohibition system against infringement of personality rights, and the court issued an injunction against infringement of personality rights in time, which was beneficial to the victims to get timely relief.

Wang Liming said that after the Fourth Plenary Session of the 18th CPC Central Committee made the decision to compile the Civil Code, the legislature did a lot of work, and the legal profession actively offered suggestions and suggestions for legislation. The NPC Standing Committee (the National People's Congress Standing Committee (NPCSC)) has reviewed and revised all versions of the Civil Code. At present, a complete draft civil code has matured. To compile a civil code is to legislate for the people, put the people's wishes first, fully embody the people's interests, and strive for the people's interests to the maximum extent. We look forward to the early promulgation of the Civil Code, which will provide a strong institutional support for comprehensively governing the country according to law and provide a strong legal guarantee for realizing the Chinese nation's great rejuvenation of the Chinese dream.

Lay the cornerstone of economic development;

"The Civil Code provides a basic basis for the court to do a good job in the execution of civil and commercial trials." Liu Guixiang, a full-time member of the Judicial Committee of the Supreme People's Court, believes that the socialist market economy is essentially an economy ruled by law, and the civil code occupies an important position in the basic law in the legal system. It is an important legal cornerstone to promote and ensure the healthy and orderly development of China's socialist market economy, and it is also the most important substantive basis for courts to hear and execute civil and commercial cases.

By compiling the Civil Code, the basic rules in the field of civil and commercial affairs in China have been improved, which not only provides basic compliance for the civil and commercial activities of the broad masses of the people, but also provides a comprehensive and detailed legal basis for the people's courts to do a good job in the execution of civil and commercial trials. "The Civil Code is a declaration of civil rights and provides a basic guide for the people's courts to practice the people-centered development thinking." Liu Guixiang said that the Civil Code regulates and regulates the personal relations and property relations between equal subjects, taking rights as the standard, and systematically stipulates the rules for confirming rights, exercising rights and protecting rights. For example, the fifth chapter of the General Principles of Civil Law makes specific provisions on civil rights. By enumerating civil rights such as personal rights, property rights and intellectual property rights, the respect for civil rights is highlighted and the protection of civil rights is strengthened.

"The Civil Code clearly embodies and carries forward the characteristics of China, the spirit of the times and the national spirit. At the same time, it is the basic law to improve the market order, maintain transaction safety and promote the healthy development of the socialist market economy. " Liu Guixiang said, for example, honesty is a moral tradition handed down by human society for thousands of years, and it is also the basic requirement of socialist core values. The reason why civil law can become the basic law of market economy is that market economy is a contract economy based on good faith. The draft civil code advocates the value principle of good faith in the general provisions, and establishes a good faith-oriented mechanism and a disciplinary mechanism for dishonesty in many specific clauses in the property right part and the contract part, which not only provides judicial trial and execution guidance for the market economy, but also creates a legal environment for the values of good faith.

Liu Guixiang believes that the Civil Code, together with other legal norms in the country, supports the national governance system. The compilation of the Civil Code will further improve China's civil legal norms system, provide a strong impetus for promoting the modernization of state governance and social governance, and also provide a strong institutional foundation and rule support for continuously meeting the diversified judicial needs of various market entities.